DIE Sabbati, 7 die Octobris.

Message from the H. C. with an Order to raise 8000 l. for the immediate Supply of the L. General's Army.

A Message was brought from the House of Commons,
by Mr. Glynn:

To desire their Lordships Concurrence in an Order;
videlicet,

"Ordered, That such Persons as shall advance
Eight Thousand Pounds, for the present Supply of
the Lord General's Army, shall be paid again out of
the First Monies that shall come in upon Ordinance of
Excise, in the Three First Months."

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Order now brought up.

Petition of the Inhabitants of Leighton Buzzard, for an Order, that their Vicar may be paid his accustomed Dues.

Upon reading the Petition of the Inhabitants of Leighton Beaudesert, in the County of Bedford; shewing,
"That the Lord Leigh, now in Action with the King
against the Parliament, hath a Lease of the Parsonage
thereof Impropriate, being worth Six Hundred Pounds
per Annum, paying only Seventy-two Pounds per Annum
to one Mr. Duport, Prebend of Lyncolne; that the
Vicarage of Leighton is not worth above Fifty Pounds
per Annum, that Mr. Wm. Rathband, now Vicar, placed
there by this House, is an honest Man and diligent
Preacher; yet the Generality of the Parish detains
from him those small Dues which belong to the Vicarage, whereby he is in Necessity: Therefore it is desired, that an Order be granted, to enjoin the Parishioners to pay the accustomed Dues to the Vicar, and
for the making up a competent Maintenance, that such
further Addition may be made to the Vicarage, out
of the said Parsonage Impropriate, and out of the
Tithes of the rest of the Lands of the said Lord
Leigh, which are now sequestered to the Use of the
Parliament."

Hereupon this House Ordered, That an Order shall
be granted, to enjoin the Parishioners to pay the Tithes;
and for the Second Part, this House refers it and recommends it to the Consideration of the Committee for
the Sequestrations.

French Ambassador conducted to Town by the E. of Denbigh.

The Earl of Denbigh reported to this House, "That,
according to their Lordships Order, he waited on the
French Ambassador, and brought-him to his Lodging
at Somer't House; and for the Respects their Lordships shewed to him, he desired him to return their
Lordships Thanks, and to assure their Lordships he
hath come with good Affections to the Kingdom."

Bargemen sent for, for refusing to attend him.

His Lordship further reported, "That the Masters of
the Barges, and the Watermen, would not obey his
Commands;" Hereupon this House Ordered that
Mr. Dunseir and the Bargemen shall attend this House
on Monday next.

The Earl of Pembrooke acquainted this House, "That
he hath received a Paper from the French Ambassador, which he was desired to present to this House:"
Which Paper the House commanded (fn. 2) to be read in
English:

Paper from the French Ambassador, demanding Mr. Walter Mountague, who was taken in Disguise, in Monsieur De Gressy's Train.

"My Lord Prince of Harcourt, Peer and Great
Escuyer of France, Ambassador Extraordinary from
the Most Christian King, to the King of Great Brittain,
hearing that Mr. Walter de Montagu departed out of
Paris since his Excellency did, to come over into England from the Queen, and should have casted himself
betwixt the Followers of Monsieur De Gressy, but hath
been arrested at Rochester; and, though he was
Bearer of Her Majesty's Letters for their Majesties
of Great Brittaine, he hath been yet conducted Prisoner in The Tower of London: His Excellency declares to the Honourable House of Parliament, that
he did not take Notice of his Person and Disguisement, of which the said Monsieur De Gressy did neither; but, for the Respect and Consideration of Her
Majesty's Letters, which make appear that the said
Mountague hath the Honour to belong to Her, and She
avoweth him, the said Prince demandeth him to the
said Honourable House from Her Majesty his Mistress; and intreats them, in his own Name, that he
may be put into his own Hands, and with all the Letters he was Bearer of, to shun the Consequences that
the just Complaint of such a Detention may produce."

Resolution upon it.

The Sense of this House was, upon reading this Paper, "That this Walter Mountague, being a Renegado,
and a Man banished the Kingdom for his Mischief
done here, for him to be demanded of Two Houses
of Parliament in so high a Manner as this is, by an
Ambassador that pretends he comes to endeavour to
procure Peace, is a Thing of so high a Nature, that,
though the Houses desire to maintain a good Correspondency between this Kingdom and France, yet this
Kingdom need not fear any ill Consequences as may
follow this Business; but hope that God will bless
them, as He hath done hitherto."

Ordered, To communicate this Paper at a Conference with the House of Commons; and the Lord General then to deliver the Sense of this House.

Message to the H. C. for a Conference about it.

A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:

To desire a Conference in the Painted Chamber,
touching a Paper received from the French Ambassador.

Ordinance for Support of the Merchant Adventurers.

2. An Ordinance for the better Encouragement and
Support of the Merchant Adventurers.

Ordered, To be committed to these Lords following:

E. Pembrooke.E. Sarum.E. Lyncolne.E. Denbigh.E. Bollingbrooke.

L. Viscount Say & Seale.Ds. Hunsden.Ds. Howard.

Any Three, to meet when and where they please.

The Answer returned was:

Answer.

That this House agrees to the Ordinance for securing
the Thirty Thousand Pounds; and concerning the other
Ordinance now brought up, their Lordships will send an
Answer by Messengers of their own.

Ordinance for raising Money and Horse within the Line of Communication.

The Lord Viscount Say & Seale reported from the
Committee, "That they have considered the Ordinance
for raising Money and Horse within the Line of Communication, wherein they have thought fit to make
some Alterations."

The Alterations were read; and this House Agreed to
the Ordinance with the said Alterations.

Information. that the French Ambassador has many Officers in his Train.

To give a List of his Attendants to the Lord General before he gives him a Pass.

The Lord General acquainted this House, "That it
is reported, that the French Ambassador lately come
hath brought many Attendants along with him, many
whereof are conceived to be Officers and Commanders; and, if they should go to the King with him,
it is likely they will not return: And it being likely
that, before the Ambassador goes, he will send to his
Lordship for his Conduct, he desired to know what
he shall do in this Case." Hereupon this House Ordered, That when the Ambassador sends to his Lordship, for his Conduct for himself and his Followers to go
to the King, that his Lordship shall desire him to give
to his Lordship a List of his Followers as he intends to
carry with him.

The Messengers sent to the House of Commons return with this Answer:

Answer from the H. C.

That the House of Commons will give a present Conference, as is desired.

Message from thence, that they may communicate something about the Merchant Adventurers.

A Message was brought from the House of Commons,
by Sir Rob't Harly and others:

To desire that they may present to their Lordships, at
the next Conference, something touching the Merchant
Adventurers.

The Answer returned was:

Answer.

That their Lordships do agree to receive from them,
at the next Conference, what they shall offer to them
concerning the Merchant Adventurers.

University of Cambridge Petition;

The Petition of the University of Cambridge was read,
and Ordered to be communicated to the House of
Commons, at a Conference, that some Course may be
taken for their Relief. (Here enter it.)

The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended,
the House was resumed.

Message to the H. C. that the Lords agree to the Ordinance for raising Money and Horse within the Line of Communication,

and about the Merchant Adventurers, and the Answer to the French Ambassador.

A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:

To let them know, that this House agrees to the Ordinance for raising Horse and Money within the Line of
Communication, with the Alterations; and to deliver the
same to them: Further to acquaint them, that their
Lordships are desirous to expedite the Business touching
the Ordinance concerning the new incorporating of the
Merchant Adventurers, and the Answer to be given to
the French Ambassador; concerning these, their Lordships
have appointed a Committee of Six Lords, to meet in
the Painted Chamber, this Afternoon, at Four of the
Clock, at which Time their Lordships desire a proportionable Number of the House of Commons may meet
with them, and consider of them; and that their Lordships are Resolved to sit this Afternoon, at Five of the
Clock.

University of Cambridge Petition, to free them from Sequestrations.

"To the Right Honourable the Lords and Commons assembled in the High Court of Parliament.

"The humble Petition of the University of
Cambridge;

"Humbly shews,

"That, upon Signification of His Majesty's Willingness graciously to accept of what Supplies the Colleges in Cambridge could make to His present Necessities, there was sent to His Majesty, by some of our
Body, a Quantity of Plate and Money, out of certain
Colleges of this University; the Intent of those which
sent it being not at all to foment any War, which
was not at that Time begun: Yet so it is, that certain Men, upon Pretence of some Authority committed to them from the Honourable Houses of Parliament, have begun to sequester the Libraries and other
Goods of some Masters of Colleges, and the Revenues
of their Colleges, so that there will be no Means of
Subsistence left to any of the Members of the said
Colleges, though never so innocent.

"May it please your Honours, in tender Compassion of the sad Condition of this poor University, to grant unto us a Freedom from this Sequestration; and that the Fact of some few
particular Men, which was also by them meant
only as an Acknowledgement of their Duty to
His Majesty, to whom some of them are obliged as to their Royal Founder, others as His
sworn Chaplains, may not redound to the depriving of the Members of the several Colleges of all Possibility to continue in this University.

"And your Petitioners shall ever pray, &c.

"Ba. Exon, Dep. Vice Chanc."

Ordinance for Re-payment of 30,000 l. to the Merchant Adventurers.

"Whereas the Lords and Commons in Parliament
assembled have, for the Services of the Commonwealth,
treated with the Fellowship of Merchants Adventurers
of England, for the Loan of Thirty Thousand Pounds,
upon the Security of the Income out of the Excise or
new Impost: It is hereby, for the Re-payment of the
said Sum of Thirty Thousand Pounds, Ordained, by
the said Lords and Commons, That Ten Thousand
Pounds, with Interest after the Rate of Eight Pounds
per Centum, shall be re-paid unto the Treasurer of the
said Fellowship of Merchants Adventurers of England
for the Time being, residing in London, on the 10th
Day of January next ensuing; a Second Ten Thousand Pounds, with like Allowance of Interest, on the
11th Day of April following; and the last Ten Thousand Pounds, with the Remainder of the like Interest,
on the 12th Day of July next succeeding, together
with Interest after the Rate of Eight per Cent. which
said Thirty Thousand Pounds, with Interest, the Commissioners of the Excise are hereby authorized and
required to make due Payment of, at the respective
Days of Payment before expressed; the Seal of the
said Fellowship witnessing the Receipt of all or any
Part thereof to be a sufficient Discharge from Time to
Time to the said Commissioners: And the said Lords
and Commons do hereby Declare, That they will not
put any other Assessment upon the said Security of
the Excise and new Impost, to precede the said Fellowship in their Receipts; and, if in the Interim the
said Income of Excise and new Impost should fall
short, or otherwise surcease, the said Lords and Commons will nevertheless provide for the Re-payment of
the said Fellowship, according to the true Intent of
this Ordinance."

8,000 l. for present Supply of the Lord General's Army.

"Ordered, That such Persons as shall advance Eight
Thousand Pounds, for the present Supply of the Lord
General's Army, shall be paid again, out of the First
Monies that shall come in upon the Ordinance of Excise
in the Three First Months."

Thomas, King's Servant, arrested.

Delinquents sent for.

Upon Information, "That Phillip Thomas, a Servant
to the King in Ordinary, is arrested, contrary to the
Privilege of Parliament, by John Burdett and John
Duell, at the Suit of Mr. Tooley; and that Seriven
and Leech, Solicitors, have spoke scandalous Words
against this House:" Hereupon this House Ordered,
That the said Burdctt, Duell, Scriven, and Leech, shall
be attached, and brought before this House, to answer
their several Offences.

Adjourn.

House adjourned till 5a post meridiem.

Post meridiem.

PRAYERS.

Lord Grey, Speaker.

E. Essex.E. Pembrooke.E. Stamford.L. Viscount Say & Seale.

Ds. Hunsden.Ds. Howard de Est.Ds. Wharton.

Answer from the H. C.

The Messengers return this Answer from the House
of Commons, touching the Message in the Morning (fn. 3); and
concerning the Ordinance touching the raising of Money and Horse within the Communicating Line, they
will send an Answer, by Messengers of their own, to the
Alterations therein.

Earl of Essex desires to resign his Commission, on Account of the Discouragements he receives.

Conference to be had with the H. C. that Sir Wm. Waller's Forces may be under the Earl of Essex's Command.

The Lord General desired of this House, and the
House of Commons, "Leave to deliver up his Commis
sion, and to go beyond the Seas, in regard of the
Commission to Sir Wm. Waller, which is inconsistent
with his, and in regard of the many Disencouragements he hath received in being General:" Hereupon
this House, conceiving this to be a Business which concerns the present Safety of the whole Kingdom, Resolved, To have a Conference with the House of Commons concerning it; and to Declare, That the Sense of
this House is, that the Commission to Sir Wm. Waller be
delivered up, it being inconsistent with the Commission of
both Houses to the Lord General; and according to
the [ (fn. 4) Votes of] both Houses, "That all Commissions
should be granted by the Lord General, and be under
his Command;" this being necessary for the present
Affairs and Safety of the Kingdom.

Message to the H. C. about the Merchant Adventurers being new incorporated.

A Message was sent to the House of Commons, by Sir
Rob't Rich and Mr. Page:

To desire that their Committee concerning the Ordinance touching the Merchant Adventurers may meet
the Lords Committees about it on Monday next, at
Three of the Clock in the Afternoon; and to let them
know, that their Lordships are Resolved to have some
of the Merchants to be here that solicit the Business.

Clement Walker demurs to the Judgement of the House against him, for publishing a Book reflecting on Lord Say & Seal.

Next, Mr. Clement Walker was called in; and, having
kneeled at the Bar until he was commanded by the
Speaker to stand up, the Speaker pronounced the Judgement of this House against him.

And he being asked, "Whether he submitted to the
Judgement of this House against him;" he said, " He
could not do it, because it was against the Liberty of
the Subject."

"Then being demanded, "What he meant in saying,
it was against the Liberty of the Subject;" he answered, "Because there was a Judgement given against
him without Original Writ or Record of his Crime;
and he would demur to the Judgement, and desired
to be heard by his Counsel. Secondly, he being
a Committee of the House of Commons, and a Commoner of England, they have a double Right in him;
and he ought not therefore to be judged by the Lords,
without their hearing of him."

Upon this, the House Resolved, To take this into
Consideration hereafter.

Message from the H. C. to sit a while.

A Message was brought from the House of Commons,
by Sir Rob't Pye Knight, and others:

To desire their Lordships would please to sit a while,
for they have some Business of Importance to acquaint
their Lordships with.

The Answer returned was:

Answer.

That their Lordships will sit a while, as is desired.

The Answer returned by the Messengers sent to the
House of Commons was:

Answer from the H. C.

That the Committee of the House of Commons will meet
on Monday next, in the Afternoon, at Three of the Clock.

Message from thence, for Committees to go to the Lord General about Sir William Waller's resigning his Commission.

A Message was brought from the House of Commons,
by Mr. Glynn and others; which was, "To let their
Lordships know, that whereas Sir Wm. Waller hath
offered unto their House, to give in his Commission
of the 25th of August last; and whereas the House
of Commons are of Opinion, that the best Way to
discover the Conveniency or Inconveniencies thereof
is to appoint a Committee, to go to my Lord General, with Power to consider of and advise with his
Excellency what Course is fittest to be for the settling of this Business most for the Safety of the Kingdom, do therefore desire their Lordships to appoint
a Committee, to the Intent the House of Commons
may appoint a proportionable Number, to go to his
Excellency, to advise to the Purposes aforesaid; and
to settle it if they can, or otherwise to report it to
the House."

Ordered, That this House agrees with the House
of Commons, to send a Committee to the Lord General presently, and appoints

The Lord Viscount Say & Seale,
The Lord Wharton, and
The Lord Howard.

Message to them, that the Lords have appointed a Committee; and desiring them to sit till they return.

A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:

To let the House of Commons know, that their Lordships have appointed a Committee of Three Lords, to
go presently, with a Committee of the House of Commons, to the Lord General; and that this House intends
to sit until their Committees return again, and desire
that they would do the like.

Answer to the H. C.

The Answer returned to the Messengers of the House
of Commons was:

That this House agrees to send a Committee to the
Lord General, with a Committee of their House, and
have nominated Three Lords.

Mr. Clement Walker, committed to The Tower.

Ordered, That Mr. Clement Walker, for his Answer
and Carriage this Day to this House when his Judgement
was read to him, shall stand committed to The Tower of
London, until the further Pleasure of this House be
known; and, because it is now late, the Gentleman
Usher attending this House shall take him into his safe
Custody for this Night, and carry him to The Tower of
London To-morrow Morning.

The Messengers return with this Answer from the
House of Commons:

Answer from the H. C.

That they have appointed a proportionable Number
of their House, to go with the Committee of Lords, to
the Lord General; and they intend to sit until they return again.

The House was adjourned during Pleasure, and the
Lords Committees went to the Lord General.

The House was resumed.

Message from thence, to sit a while.

A Message was brought from the House of Commons,
by Sir Rob't Pye Knight, and others:

To desire their Lordships would please to sit a while.

Message from them, with Votes, for Sir William Waller to be under the Command of the Earl of Essex.

A Message was brought from the House of Commons,
by Mr. Glynn:

To desire their Lordships Concurrence in Two Votes
made by the House of Commons:

"That the Lords and Commons do Declare, That,
by virtue of the Commission of the 25th of August last,
Sir Wm. Waller is under the Command of the Lord General, and ought to receive Instructions from my Lord
General; and is bound to obey him, notwithstanding
any Thing contained in his Commission."

And Sir Wm. Waller, being present at this Debate, did
declare, "he ever hath been, is, and will be, ready to
receive and obey his Excellency's Commands."

Agreed to.

"Whereas, by the Words of Sir Wm. Waller's Commission of the 25th of August last, it is mentioned, That
Sir Wm. Waller was to receive his Instructions from
both Houses of Parliament: It is this Day Ordered,
by the Lords and Commons, That Sir Wm. Waller
shall, from Time to Time, receive and observe such
Instructions as my Lord General shall give him."